Saturday, December 17, 2011

Aspen Mountain Press Breach of Contract and Suspension of Operations

Sandra Hicks
Aspen Mountain Press
18121-C East Hampden Ave., Ste. 221
Aurora, CO 80013

Dear Sandra:

My initial letter to you dated August 8, 2011, requesting my copy of the
signature page of my contract was signed for by an agent at the above address,
sent via certified US mail, article number 7011 1150 0001 7181 1739, was never
answered. My email sent to your account on August 17, 2011, requesting copies
of royalty statements was never answered. Finally, my second request for the
signature page and royalty statements sent to you via certified US mail, article
number 7011 1150 0001 7181 9339, in a letter dated September 20, 2011, signed
for by an agent at the above address, was never answered.

Therefore, I consider Aspen Mountain Press in breach of contract according to
Section XVI.A of my contract: “If either party breaches this Agreement,
the non-breaching party shall provide written notice by certified mail to the
breaching party of the alleged breach. Upon receipt of such notice, the
breaching party shall have ninety (90) days to cure. At the expiration of such
ninety (90) day period, upon failure to cure this Agreement shall terminate,
except as otherwise provided herein or otherwise agreed in writing by both
parties hereto.” I am exercising my right to early termination according
to Section XVI.E: “Author is granted the right of early termination if
the Publisher had breached this agreement”, and Section XVIII:
“Author and Publisher agree to use best efforts to fulfill their
respective obligations under this Agreement. In the event that situation arises
not covered by this Agreement or in the event of an alleged breach by either
party, Author and Publisher agree to use a common-sense construction of this
Agreement and negotiate in good faith to resolve such issues prior to resorting
to legal action.”

Also, as stated by Section XIX of my contract, "If Publisher suspends operations
for more than sixty (60) continuous days, other than for technical difficulties
such as a loss of Web Server, all rights hereunder shall immediately revert to
Author". As of today, December 17, 2011, Aspen Mountain Press has not been
operating for sixty days.

Since I have on several occasions made efforts in good faith to resolve the
situation, but because my requests for the materials have been ignored and
unanswered, I find that all attempts to negotiate have broken down. As such,
all rights to the work originally contracted to Aspen Mountain Press to publish,
promote, and distribute, "But I Never Said I Didn’t Love You", have
reverted back to me per Sections XVI.A and XIX of my contract. I am currently
under no legal obligation and give public notice that I am reclaiming these
rights immediately.

No comments:

Post a Comment